DIRECTORATE GENERAL FOR INTERNAL POLICIES POLICY DEPARTMENT C: CITIZENS' RIGHTS AND
CONSTITUTIONAL AFFAIRS GENDER EQUALITY
Overview of the worldwide best practices for rape prevention and for
assisting women victims of rape
Study
Abstract
The study provides an overview of the worldwide best practices for rape prevention and for assisting women victims of rape. It reviews the international literature and offers selected examples of promising practices. It addresses the comprehensive range of policies in the fields of gender equality; law and justice;
economy, development and social inclusion; culture, education and media; and health. It presents a wide-ranging set of examples of best practice. It concludes with a series of recommendations, based on the social scientific evidence presented in the study.
PE 493.025 EN
This document was requested by the European Parliament's Committee on Women’s Rights and Gender Equality.
AUTHORS
Sylvia Walby, UNESCO Chair in Gender Research, Sociology, Lancaster University, UK Philippa Olive, Sociology, Lancaster University
Jude Towers, Sociology, Lancaster University
Brian Francis, Professor of Social Statistics, Lancaster University
Sofia Strid, Lecturer, Gender Studies and Political Science, Örebro University, Sweden Andrea Krizsán, Centre for Policy Studies, Central European University, Budapest Emanuela Lombardo, Political Science, Universidad Complutense de Madrid Corinne May-Chahal, Professor of Social Work, Lancaster University
Suzanne Franzway, Professor, Sociology & Gender Studies, University of South Australia David Sugarman, Professor of Law, Lancaster University
Bina Agarwal, Professor, University of Delhi and University of Manchester
Contact: Sylvia Walby, Department of Sociology, Lancaster University, Lancaster LA1 4YT.
E-mail: S.Walby@Lancaster.ac.uk
RESPONSIBLE ADMINISTRATOR Erika Schulze
Policy Department C: Citizens' Rights and Constitutional Affairs European Parliament
B-1047 Bruxelles
E-mail: poldep-citizens@ep.europa.eu
LINGUISTIC VERSIONS Original: EN
ABOUT THE EDITOR
To contact the Policy Department or to subscribe to its monthly newsletter please write to:
poldep-citizens@ep.europa.eu
European Parliament, manuscript completed in October 2013.
© European Union, Brussels, 2013.
This document is available on the Internet at:
http://www.europarl.europa.eu/studies DISCLAIMER
The opinions expressed in this document are the sole responsibility of the author and do not necessarily represent the official position of the European Parliament.
Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the publisher is given prior notice and sent a copy.
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
ACKNOWLEDGEMENTS
We would like to thank the following people for their help and contributions:
Health case studies: Rachel Belk, Research Officer, St. Mary’s Sexual Assault Referral Centre, Manchester. Jennifer Holly, Stella Project Mental Health Initiative Coordinator, AVA (Against Violence and Abuse), London. Jackie Patiniotis, reVision (formerly The Joint Forum), Liverpool, England. Bill Roberts, Locate Investigations Ltd. Bernie Ryan, Service Manager, St. Mary’s Sexual Assault Referral Centre, Manchester. Dr. Kylee Trevillion, Visiting Postdoctoral Research Fellow, Section of Women’s Mental Health, Health Service and Population Research Department, Institute of Psychiatry, King’s College, London. Dr Cath White, Clinical Director, St. Mary’s Sexual Assault Referral Centre, Manchester. Liz Willows, Specialist Mental Health Independent Sexual Violence Advisor, The Haven, Paddington Sexual Assault Referral Centre, London.
Australia case study: Bec Neill
Comprehensive rape crisis services case study: Bobbi Grange (SACT) and Michelle Barry (Southampton Rape Crisis Centre)
Cyber-rape case study: Awais Rashid
Mexican law case study: Deysi Cheyne, Ana de Mendoza, Ana María Moreno, Lorena Pajares, Guadalupe Portillo, Charo Rubio
#talkaboutit case study: Gustav Almestad
Commenting on the draft report: Liz Kelly (CWASU, London Metropolitan University)
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CONTENTS
ACKNOWLEDGEMENTS...3
LIST OF ABBREVIATIONS ...12
LIST OF TABLES...15
LIST OF BOXES ...15
EXECUTIVE SUMMARY ...16
CASE STUDY EXAMPLES OF BEST PRACTICE ...19
RECOMMENDATIONS ...22
1 INTRODUCTION ...26
1.1 The purpose of the study ... 26
1.2 Policy developments in the European Union and in international bodies .. 26
1.3 Methodology ... 27
1.4 Definition of rape ... 27
1.4.1 Limitations of the definition of rape... 30
1.5 Causes of rape... 30
1.6 Links between preventing rape and assisting the victims of rape ... 31
1.7 Introduction to an integrated approach to prevent rape and to assist victims of rape ... 32
1.8 Evaluating practices ... 33
1.9 Criteria of best practice ... 34
1.10 Structure of the report ... 34
2 PLANNING AND COORDINATION ...35
2.1 Introduction ... 35
2.2 Strategic planning ... 35
2.2.1 Introduction ... 35
2.2.2 UN Women 16 Steps ... 36
2.2.3 Council of Europe ... 36
2.2.4 European Union ... 37
2.3 National plans of action ... 37
2.4 Local coordination ... 39
2.4.1 Advantages of coordination ... 40
2.4.2 Criteria for best practice for coordination ... 40
2.4.3 Victims and women’s rights at the centre of interventions ... 41
2.5 Conclusions ... 42
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
3 SPECIALISED SERVICES FOR VICTIM-SURVIVORS ...43
3.1 Comprehensive service provision ... 43
3.2 Centres... 44
3.2.1 Services offered by centres and shelters ... 44
3.2.2 Transformative effects of centres... 45
3.3 Conclusions ... 46
4 HEALTH ...47
4.1 Introduction ... 47
4.2 Health consequences of sexual violence and rape... 47
4.3 Establishing best practice in conflict and non-conflict zones ... 48
4.3.1 Humanitarian Emergency situations ... 49
4.3.2 Health services for victims of rape in non-disaster zones... 50
4.4 Capable and care conducive environment ... 51
4.4.1 Situations of humanitarian emergencies ... 51
4.4.2 Services for victims of rape in non-disaster zones ... 52
4.4.3 Best practice standards of capable and care conducive environments ... 54
4.5 Health and medical care ... 55
4.5.1 Situations of humanitarian emergencies ... 55
4.5.2 Services for victims of rape in non-disaster zones ... 57
4.5.3 Best practice standards of physical health interventions ... 58
4.5.4 Best practice standards of mental health interventions ... 58
4.6 Forensic examination and evidence collection ... 61
4.6.1 Situations of humanitarian emergencies ... 61
4.6.2 Services for victims of rape in non-disaster zones ... 61
4.6.3 Best Practice Standards for Forensic Examination and Evidence Collection ... 61
4.7 Community and social support ... 62
4.7.1 Best Practice Standards for Community and Social Support Intervention ... 62
4.8 Specialist referral and follow-up care... 63
4.8.1 Situations of humanitarian emergencies ... 63
4.8.2 Services for victims of rape in non-disaster zones ... 63
4.8.3 Best Practice Standards for Specialist Referral and Follow-up Care ... 63
4.9 Quality and monitoring ... 64
4.9.1 Situations of humanitarian emergencies ... 64
4.9.2 Services for victims of rape in non-disaster zones ... 64
4.9.3 Best Practice Standards Quality and Monitoring ... 65
4.10 Conclusions ... 66
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5 LAW ...75
5.1 Introduction ... 75
5.2 Legal principles ... 75
5.2.1 Introduction ... 75
5.2.2 Violence against women as a violation of women’s human rights... 76
5.2.3 Rape as a form of torture that violates human rights ... 78
5.2.4 Rape as a war crime ... 78
5.2.5 Violence against women as a form of gender discrimination... 79
5.2.6 Violence against women as gender discrimination and a violation of human rights ... 80
5.3 Definitions ... 81
5.3.1 Consent ... 81
5.3.2 No marital exception... 82
5.3.3 Conclusions ... 83
5.4 The legal competence of the EU on rape law and policy ... 83
5.4.1 Four ways in which rape is conceptualised ... 83
5.4.2 Gap between EU commitment and Member States’ standards ... 84
5.4.3 Prevention and sanctioning of rape on EU level... 85
5.5 Conclusions ... 85
5.5.1 Legal definition ... 85
5.5.2 Legal principles ... 86
5.5.3 Recommendation for EU legislation ... 86
5.5.4 Best practice example... 86
6 CRIMINAL JUSTICE SYSTEM ...87
6.1 Conviction and avoiding recidivism ... 87
6.2 Apply a victim-centric principle to avoid secondary victimisation ... 87
6.3 Develop expertise through specialist units, then mainstream ... 88
6.3.1 Expert knowledge and skills through training... 88
6.3.2 Interagency working practices ... 88
6.3.3 The gender of specialist staff ... 89
6.4 Advocates for victim-survivors ... 89
6.5 The role of civil society organisations ... 90
6.6 Limitations and problems ... 90
6.6.1 Funding ... 91
6.6.2 Availability of data... 91
6.6.3 Evaluation of interventions ... 91
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
6.7 Recommendations ... 91
6.8 Implementing best practices – promising practices ... 93
6.9 Conclusions and a best practice in increasing conviction rates... 94
7 TREATMENT OF CONVICTED RAPISTS ...96
7.1 Surgical castration of sex offenders... 96
7.1.1 Objective ... 96
7.1.2 Weak methodological standard ... 97
7.1.3 Legal and ethical issues... 97
7.1.4 Biological drivers versus psychological, social or cultural drivers... 97
7.2 Hormonal medication of sex offenders ... 98
7.2.1 Antiandrogenic drugs for high risk offenders... 98
7.2.2 Weak methodological standards ... 98
7.2.3 Standards for best practice ... 98
7.3 Cognitive behavioural sex offender treatment ... 99
7.3.1 Good practice: The Good Lives Model ... 99
7.4 Sex offender registration and notification schemes ... 100
7.4.1 Objectives...100
7.4.2 Registration...100
7.4.3 Introduction of legislation on registration: examples from Member States and Third Countries ...101
7.4.4 Problems associated with the evaluation of the effects of legislation ...102
7.4.5 Reoffending trajectories ...103
7.4.6 Negative effects for offenders ...103
7.4.7 Evidence that fear of crime decreased without concrete actions being taken ...103
7.5 Conclusion ... 103
7.5.1 Best practice ...104
8 PEACE AND SECURITY IN CONFLICT ZONES ...105
8.1 International law provisions ... 105
8.1.1 UN Security Council Resolution 1325 (UNSRC, 2000) on women peace and security ...105
8.1.2 UN Security Council Resolution 1820 on Women and War and Peace (2008) ...106
8.1.3 Resolutions of other actors ...106
8.1.4 Women’s empowerment ...106
8.1.5 Lack of implementation ...106
8.2 Rape as tactic of war ... 107
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8.2.1 Increased sexual violence against women by fighting forces and peace keeping
troops ...107
8.2.2 UN recommendations ...107
8.3 The role of women in peace keeping to reduce rape and sexual violence ... 108
8.3.1 Increased representation of women in peacekeeping missions: the key role of the recruitment process ...108
8.3.2 Positive effects of women in peacekeeping ...109
8.3.3 Effects of resolution 1325 ...109
8.4 Women are missing from peace negotiations ... 110
8.5 Conclusions ... 111
9 ECONOMY, ECONOMIC GROWTH AND SOCIAL INCLUSION ...113
9.1 Introduction ... 113
9.2 Economic inequalities’ impact on violence against women ... 114
9.2.1 The evidence-base concerning the relationship between economic status and violence against women ...114
9.2.2 Economy and development interventions for victim-survivors of rape ...115
9.3 Rape prevention interventions: the evidence base... 115
9.3.1 The relation between economic status and the risk of being raped ...115
9.3.2 The role of different forms of income ...115
9.3.3 The role of housing...116
9.3.4 ‘Survival sex’ ...117
9.4 The effects of rape on the economic status of women ... 117
9.5 Best practices ... 117
9.6 Examples of interventions ... 118
9.6.1 Microfinance ...118
9.6.2 Economic Advocacy ...119
9.6.3 Education, training and employment programmes ...120
9.6.4 Independent Sexual Violence Advisers ...120
9.7 Conclusions ... 120
9.7.1 Recommendations ...121
10 CULTURE, MEDIA AND EDUCATION ...123
10.1 Introduction ... 123
10.2 Culture ... 123
10.2.1 Increasing the visibility of sexual violence ...123
10.2.2 Interventions that challenge social and cultural norms ...124
10.2.3 Intervention on family level ...124
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
10.2.4 Intervention on community level for a culture of safety and respect ...124
10.3 Media ... 125
10.3.1 The role of the media for perpetuating a rape culture ...125
10.3.2 Reproducing detrimental stereotypes of violence against women ...125
10.3.3 Anonymity for rape complainants ...126
10.4 Education... 126
10.4.1 Men and boys as agents of change ...126
10.4.2 Make sexual violence at school visible ...127
10.4.3 Challenging rape myths ...127
10.5 Conclusions ... 128
10.5.1 Best practice examples ...129
11 CASE STUDY EXAMPLES OF BEST PRACTICES ...130
11.1 Introduction ... 130
11.2 Comprehensive Rape Crisis Services: Sexual Assault Crisis Team (SACT) (USA) ... 132
11.2.1 Background ...132
11.2.2 Characteristics ...132
11.2.3 Objectives...133
11.2.4 Innovation ...133
11.2.5 Coordination and cooperation...134
11.2.6 Good practice ...134
11.2.7 Recommendations for future such projects ...135
11.3 Coordinated and integrated services: the integrated rape crisis service in Yarrow Place, Australia ... 136
11.3.1 Background ...136
11.3.2 Characteristics ...139
11.3.3 Objectives...140
11.3.4 Innovation in co-ordination and co-operation ...140
11.3.5 Recommendations based on this best practice for future projects ...141
11.4 Health-based services in a conflict zone: The International Rescue Committee (IRC) ... 141
11.4.1 Background ...141
11.4.2 Characteristics ...141
11.4.3 Objectives...142
11.4.4 Innovation ...142
11.4.5 Co-ordination and co-operation ...144
11.4.6 Good Practice ...144
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11.4.7 Recommendations for future projects ...144
11.5 Health-based centre in a non-conflict zone: Sexual Assault Referral Centre (SARC), St Mary’s, UK... 145
11.5.1 Background ...145
11.5.2 Characteristics and co-ordination and co-operation ...145
11.5.3 Objectives...147
11.5.4 Innovation ...147
11.5.5 Good Practice ...148
11.5.6 Recommendations for future projects ...148
11.6 Coordinated community responses, USA and other countries ... 149
11.6.1 Background ...149
11.6.2 Characteristics ...149
11.6.3 Objectives...150
11.6.4 Innovation ...150
11.6.5 Co-ordination and co-operation: weaknesses can arise ...150
11.6.6 Good Practice ...151
11.6.7 Recommendations for future projects ...152
11.7 Integrating a better understanding of rape within law, Mexico ... 152
11.7.1 Background ...152
11.7.2 Characteristics ...153
11.7.3 Objectives...154
11.7.4 Innovation ...155
11.7.5 Lack of co-ordination and co-operation ...156
11.7.6 Good Practice ...156
11.7.7 Recommendations for future projects ...157
11.8 Identifying potential perpetrators of rape in cyber-space: the ISIS and iCOP toolkit, EU ... 157
11.8.1 Background ...157
11.8.2 Characteristics ...158
11.8.3 Objectives...158
11.8.4 Innovation ...158
11.8.5 Challenges to co-ordination and co-operation of law enforcement...159
11.8.6 Good Practice ...160
11.8.7 Recommendations for future projects ...160
11.9 Specialised courts: sexual offences courts (SOC), South Africa ... 160
11.9.1 Background ...160
11.9.2 Characteristics ...161
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
11.9.3 Objectives...163
11.9.4 Innovation ...163
11.9.5 Co-ordination and co-operation ...163
11.9.6 Good Practice ...164
11.9.7 Recommendations for future projects ...166
11.10 Sexual relations education: Southampton talking about relationships (STAR), UK... 167
11.10.1 Background ...167
11.10.2 Characteristics ...167
11.10.3 Objectives...168
11.10.4 Innovation ...168
11.10.5 Co-ordination and co-operation ...169
11.10.6 Good Practice ...169
11.10.7 Recommendations for future projects ...170
11.11 #talkaboutit: talking about consent and coercion, Sweden ... 171
11.11.1 Background ...171
11.11.2 Characteristics ...171
11.11.3 Objectives...172
11.11.4 Innovation and co-ordination and co-operation ...172
11.11.5 Good Practice ...173
11.11.6 Recommendations for future projects ...173
12 RECOMMENDATIONS ...174
12.1 EU-level ... 174
12.2 Member State level ... 176
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LIST OF ABBREVIATIONS
A&E Accidents and Emergencies
ANCOR Australian National Child Offender Register BME Black Ethnic Minority
CVTV Closed Circuit Television CJS Criminal Justice System
CORE Counselling Outcomes Research Evaluation DFID Department for International Development
DoH Department of Health DoJ Department of Justice
DSD Department of Social Development ECP Emergency Contraception
EIGE European Institute for Gender Equality EP European Parliament
ESF European Structural Fund EWL European Women’s Lobby
FIJAIS Fichier Judiciaire Automatisé des Auteurs D’Infractions Sexuelles FOI Freedom of Information
FRA European Union Fundamental Rights Agency GRIP Greater Rape Intervention Programme IAFN Checklist for Disaster Planning
IAPT Improving Access to Psychological Therapies IASC Inter-Agency Standing Committee
IAWG Inter-Agency Working Grouup ICL International Criminal Law
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the Former Yugoslavia IHL International Humanitarian Law
IHRL International Human Rights Law
IMAGE Micro-Finance for AIDS and Gender Equality IRC International Rescue Committee
ISVA Independent Sexual Violence Advocate MARAC Multi-Agency Risk Assessment Conference
MHPSS Minimum Mental Health and Psychosocial Support MISP Minimum Initial Service Package
MHISVA Specialist Mental Health Independent Sexual Violence Advisor NDPP National Director of Public Prosecutions
NGO Non-governmental Organisation NPA National Prosecuting Authority NSOR National Sex Offender Registry
OHCHR Office of the United Nations High Commissioner for Human Rights PATH Psychological Advocacy Towards Healing
PFA Psychological First Aid
PTSD Post-Traumatic Stress Disorder RCNE Rape Crisis Network Europe
RCC Rape Crisis Centre
ROKS Riksorganisationen För Kvinnojourer och Tjejjourer i Sverige SACT Sexual Assault Crisis Team
SAME Sexual Assault Medical Examiner SANE Sexual Assuault Nurse Examiner
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SAPS South African Police Service SARC Sexual Assault Referral Centre SART Sexual Assault Response Team SDVC Specialist Domestic Violence Court
SOC Sexual Offences Court
SOCs South African Sexual Offence Courts
SOCA Sexual Offences and Community Affairs Department SOIR Sex Offender Information Registration Act
SORN Sex Offender Registration and Notification
SRSG Special Representative of the Secretary-General STAR Southampton Talking About Relationships
STI Sexually Transmitted Infections TCC Thuthuzela Care Centres
UN United Nations
UNESCO United Nations Educational, Scientific and Culutral Organization UNHCR United Nations High Commissioner for Refugees
UNSG United Nations Secretary-General
UNSCR United Nations Security Council Resolution ViSOR Violent and Sexual Offender Register VAWG Violence Against Women and Girls
WWC Working Women’s Centre
WWC SA Working Women’s Centre South Australia WHO World Health Organization
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
LIST OF TABLES
Table 1
Aggregate of Standards for Primary Health Services for Victims/survivors of Rape and Sexual Violence in Disaster Zones ...68 Table 2
Minimum Standards for Sexual Assault Referral Centres ...70 Table 3
Best Practice Standards for Health-led Services for Victim/survivors of Rape and Sexual Violence in Disaster and Non-disaster Zones ...71
LIST OF BOXES
Box 1
Absence of consent instead of the use of force ...28 Box 2
PTSD as a consequence of rape...48 Box 3
Ethical principles...53 Box 4
Long-term effects of rape in intimate partnerships ...56 Box 5
Local best practices for mental health support...60 Box 6
Body parts ...82 Box 7
Particularly vulnerable victim-survivors ...88 Box 8
Specialised legal advocates ...90 Box 9
Changing the relationships between masculinised protectors and feminised protectors ...110 Box 10
Empowerment through quality employment ...116
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EXECUTIVE SUMMARY Introduction
Rape matters. It destroys lives, as its traumatizing effects can linger long after the immediate pain and suffering. It is a form of gender inequality, an injury to health, a crime, a violation of women’s human rights and is costly to economy and society.
Rape is one of the most serious forms of violence. It is the unwanted penetration of the body; with variations in definitions that concern whether absence of consent or use or threat of use of force is central, the object doing the penetration, and the orifice of the body being penetrated. The UN has a recommended definition for legislation, but there are currently some variations in the definition used in different legal regimes. There are further variations in the meaning in social science research and in popular understandings.
There are many ingenious ways to address rape, to prevent it, to support victims. These practices are under development, constantly being tested and improved. This report is an overview of the worldwide best practices for rape prevention and for assisting women victims of rape. It is based on a review of the international literature on developments, together with a series of case studies of best practices.
There is a range of practices to prevent rape and to assist victim-survivors of rape. These may be classified according to: function of the practice; setting of the rape; target of the intervention; and the policy field. Distinctions can be made between: prevention, protection, prosecution, provision and partnership. There is need for a gender equality perspective and gender sensitive programming throughout these practices. The main policy fields include:
Planning and coordination;
Specialised services for victims-survivors;
Health;
Law and justice;
Economy and social inclusion;
Culture, education and media.
The evaluation of the practices requires the identification of the causes of rape and of the intended and actual contribution of each of the interventions to prevent rape and to assist victims. The detailed evaluation of specific practices and the exact scale of their contribution are on-going rather than complete. In broad outline, the set of policies needed to prevent rape and to assist victims is well-established. This includes both the development of specialised areas of expertise and also the diffusion of this expertise through normal policy actors, as is usual in the practice of gender mainstreaming.
However, the full set of policies that has been identified as necessary in the literature and by practitioners has never been fully implemented in any society.
Planning and coordination
Strategic planning is needed at the different levels of governance, including the highest level. This works best when work on rape is integrated within a wider framework of
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
combating gender-based violence against women. The UN, Council of Europe and other international bodies have made significant contributions to the development of strategic planning across Europe and around the world. At a national level, the establishment of National Plans of Action has been a significant development. The instigators have often been feminist NGOs, whose expert contributions continue to be important, requiring that consultation procedures include them fully.
Local coordination mechanisms are intended to ensure that services on the ground are effectively coordinated and also focused on the needs of victim-survivors. This coordination is most effective when services on rape are integrated into a wider framework of services on gender based violence against women more broadly. There are some examples of coordination of both specialised provision of services centred on victim-survivors and of the prevention of rape across the full policy spectrum of law and justice, economic growth and social inclusion, education and media, and health.
Specialised services for victim-survivors
The provision of a comprehensive set of services focused on the victim-survivor is important and centring their provision in one location, or some other form of coordination, can improve their effectiveness. The Council of Europe’s list of minimum services for preventing violence against women and assisting victims includes: free 24 hour help lines;
support and advocacy services; accessible services for socially excluded women, especially recent migrants, refugees, women from ethnic minority groups and those with disabilities;
access to financial support, housing, residence rights, education and training; networking between specialist NGOs; multi-agency co-ordination; training curricula for professionals addressing the continuum of violence against women within a human rights framework;
work with perpetrators rooted in women’s safety and prevention; and safe shelters. The development of special packages of services to assist victim-survivors of rape in humanitarian emergencies, often led from a health perspective, has been an important development (discussed further, under health). Specialised rape crisis centres have developed that offer expert provision to victim-survivors and offer expert engagement in policy development.
Health
The health consequences of sexual violence and rape are known to include: sexual and reproductive health problems including unwanted pregnancy, HIV and sexually transmitted diseases; mental health problems and health risk coping strategies; physical injuries; and social ostracization. Health sector based intervention for rape and sexual violence has been developing for over thirty years. Today, the overarching definition of best practice for services for victim-survivors of rape is a health led, multi-sectoral ‘one-stop shop’
unit, housed in a hospital or primary health care facility with a separate entrance and providing health interventions, forensic evidence collection, advocacy and counselling.
Practice standards for this health-led intervention are differentiated into six domains:
Capable and Care Conducive Environment; Health and Medical Care; Forensic Examination and Evidence Collection; Community and Social Support; Specialist Referral and Follow-up Care; Quality and Monitoring. These are relevant to both non-conflict zones and conflict zones.
Law and justice
There have been significant changes to the law on rape, so that it is today almost universally criminalized. Rape is increasingly designated a serious crime not condoned
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by the authorities and for which perpetrators should not expect to act with impunity;
however, the legal definition of rape differs between legal regimes. Best practice includes: a definition of rape in which the presence of a coercive context or the absence of consent is considered sufficient, without the need to additionally demonstrate physical force; the range of body parts is inclusive rather than narrow; there should be no marital exception;
and respect for victim-survivors is institutionalised within the legal and criminal justice system. The UN Handbook for Legislation on Violence against Women and the Council of Europe Istanbul Convention presents internationally respected standards for legislation.
The best practices in the Criminal Justice System (CJS) to prevent rape and assist women victim-survivors of rape are those that deliver increasing conviction rates for perpetrators of rape whilst preventing secondary trauma for victim-survivors This includes: provision of support and advocates for victims throughout the CJS process;
development of expert knowledge and skills among police, prosecutors, judiciary and other CJS personnel through training; specialist courts; embedding inter-agency working practices; and adequately funded and evidence-based practises that feed back into further improvement. Increasing conviction rates for perpetrators of rape contribute to rape prevention by making clear statements to the wider society that rape is a serious crime which is not condoned by the state and that perpetrators of rape cannot act with impunity.
Preventing secondary trauma for victim-survivors contributes to assisting women victims of rape by enabling them to obtain justice whilst regaining a sense of dignity, autonomy and control.
There are a number of medical and therapeutic treatments of convicted rapists, ranging from surgical and chemical castration to cognitive behaviour therapy; but the more severe treatments can be regarded as violating human rights and the less severe to be lacking in proven effectiveness.
The inclusion of rape as a war crime and crime against humanity in the Rome Statute of the International Criminal Court was an important symbolic development, though there has been little effective implementation, since there have been few prosecutions or convictions. Efforts to reduce the very high rates of sexual violence in conflict and post- conflict zones by increasing the presence of women in peace-keeping forces and processes have been important recent developments, authorised by a series of resolutions from the UN Security Council.
Economy and social inclusion
The extent of women’s economic independence is linked to the level of violence against women, including rape. Some economic interventions aim to provide women with greater ability to resist by exiting relationships, locations or contexts which make them particularly vulnerable to rape. Robust access to the means for livelihood is necessary for effective recuperation from rape (in both domestic and other contexts), so the package of support to women victim-survivors of rape needs to address such economic issues by providing economic advocacy addressing issues of immediate income support followed by access to education, training and employment. Full social inclusion of women mitigates the likelihood and consequences of rape. Thus, policies for economic growth and social inclusion are relevant to policies to prevent rape, though this is rarely officially acknowledged.
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
Culture, media and education
Interventions to prevent rape in the sphere of culture, media and education include programmes to raise awareness and to change individual behaviour, as well as to regulate the media. Media regulation has been tried to offer anonymity to rape victims in court cases and to restrict the circulation of some forms of pornography, for example involving children. The new social media have been used as a site for the discussion of the meaning of rape in both positive and negative ways. Individual programmes are used to encourage positive attitudes and behaviour in children and young people and to change the behaviour of individuals who have already become violent. Relationship approaches are used to influence interactions inside families and negative influences from peers.
Awareness raising campaigns have provided information to inform people as to the rights of women and the wrongs of sexual violence. Targets include the school curriculum and educational institutions. There are some promising practices in the field of education.
CASE STUDY EXAMPLES OF BEST PRACTICE Introduction
The case studies were selected as examples of the best practice that could be found. These are innovative, make a difference, and are models for replication. But the field is still developing, and there are many more examples of ‘promising practices’ than of ‘best’
practices.
Comprehensive rape services: Sexual Assault Crisis Team: US
Sexual Assault Crisis Team (SACT) in the US provides comprehensive services to victims-survivors of sexual violence, including emergency shelter and transitional housing.
SACT is a rape crisis shelter intervention that provides residential based support for victim- survivors of rape and sexual assault, including those in the immediate aftermath of a rape;
those coming to terms with historic rape experiences, including as a child; and those who have returned to the area to testify at trial. SACT has been identified as an example of best practice by a 2011 resource sharing project for the National Sexual Assault Coalition (reshāp). It offers not only safe and secure shelter in the aftermath of a rape but is multifunction, also providing access to a comprehensive range of education, training and support programmes designed to enable residents to identify, work toward and achieve goals in order to move on from the shelter accommodation. SACT is victim-centred and needs-led, while utilising expert, evidence-based, knowledge and collaborating with a range of other agencies, including domestic violence shelters, health, criminal justice, housing, and local government.
Development of coordinated and integrated services: Australia, including Yarrow Place
Australia offers an example of the development of nationally coordinated services, while the Yarrow Place Rape and Sexual Assault Service is an example of locally integrated provision. More than thirty years of feminist campaigning led to improved legislation, greater respect for victim-survivors of rape, established gender-sensitive support services and developed education programs for professionals working in the field (for example, police, legal services, health workers). There is increased prioritisation of better integration of services so that victims’ experience of the diverse relevant services is smooth and timely. However, there remain issues concerning public perception and community attitudes towards rape.
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Coordinated community responses: US
The coordination of community responses to address rape and other forms of violence against women attempts to integrate the activities of the relevant state and non-state actors at the community level. A major objective of coordination is to avoid fragmentation and to keep the interests of the victim-survivors at the centre of all the responses.
Coordination takes various forms, some more formalized and with more implications for policy development, others less formalized and geared towards a more efficient engagement with individual victim-survivors. There are examples in both the US and in Europe. Significant US examples include the Sexual Assault Interagency Council in Minnesota, the Sexual Assault Response Team (SART) in Fresno, California, and the SART in Montgomery, Alabama.
Health-based programme in a conflict zone: the International Rescue Committee
The programmes of the International Rescue Committee (IRC) are comprehensive, holistic, immediate and long term programmes of intervention that address rape and sexual violence against women in conflict and post-conflict zones. They are health led, multi-sectoral ‘one-stop shop’ units, providing health interventions, forensic evidence collection, advocacy and counselling. They i) provide immediate responses for the prevention of rape and sexual violence against women and services for victim-survivors of rape and sexual violence in newly emerging humanitarian crises, ii) establish long term community prevention initiatives and victim-survivor support and services in conflict and post-conflict zones, and iii) promote women’s re-integration and full democratic participation in social life in conflict and post-conflict zones.
Health-based Sexual Assault Referral Centre: UK
St. Mary’s Sexual Assault Referral Centre (SARC) in the UK provides an integrated and comprehensive, health-led service to victim-survivors of rape and sexual violence under one roof. It is a multi-sectoral ‘one-stop shop’ unit, providing health interventions, forensic evidence collection, advocacy and counselling. Central to ‘best practice’ at St.
Mary’s SARC are options for service users to develop a personalized programme of intervention. St. Mary’s SARC measures its success on reported service user experience and on a comprehensive programme of audit and service monitoring from which directions for service improvements and research are developed. St. Mary’s SARC is an internationally recognized site of excellence and offers a suite of education and training programmes accessible to practitioners locally and from around the globe.
Integrating a better understanding of rape within law: Mexico
‘Ley General de Acceso de las Mujeres a Una Vida Libre de Violencia’ (‘General Law to guarantee Women Access to a Life Free from Violence’) is a Mexican Law on violence against women including rape that conceptualizes ‘feminicide’ violence as gender-based and systemic. It thus promotes an understanding of rape as rooted in a culture of male domination over women that needs to be addressed to prevent rape and assist victims. It addresses state responsibility for reducing the impunity of perpetrators. However, the implementation of the law is still problematic. It is thus a best practice of integrating relevant gender concepts into law, rather than in its implementation.
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
Identifying potential perpetrators of rape in cyber-space
This intervention seeks to identify potential rapists before they act, hence contributing to the prevention of rape. Innovative software is created to enable the identification of deception in the process of attempting to recruit (or groom) potential victims in cyber
space, such as on-line children’s chat-rooms. The new software is currently focused on child protection and is being trialled by law enforcement in several European countries.
The toolkits can be applied in any country to aid the identification of potential perpetrators of rape if accompanied by the right training and resources. Rape may be prevented by acknowledging that people across the world are increasingly living in a digital world.
Further research and improved awareness and legislation could extend this approach to rape prevention to adult women.
Special courts: Sexual Offences Court: South Africa
Sexual Offences Courts in South Africa assist victim-survivors of rape by reducing their trauma, including the potential secondary trauma of the criminal justice process, and help to prevent rape by making it more likely that rapists will be convicted and held to account.
It is part of the South African ‘anti-rape strategy’ to reduce secondary trauma for victims and improve conviction rates. Sexual Offences Courts (SOCs) are specialised courts hearing only sexual offence cases. They are staffed by specially trained individuals from a number of agencies in the criminal justice system and beyond. Evaluation studies have found significantly higher conviction rates for cases of rape and sexual violence compared to those delivered by non-specialist courts in addition to further benefits.
Relationship change: Southampton Talking About Relationships: UK
Southampton Talking About Relationships (STAR) is a rape prevention intervention run by Southampton Rape Crisis Centre (England) that targets young people, using interactive workshops tackling a wide range of issues relating to sexual violence and relationships.
STAR aims to prevent rape by educating and empowering young women and young men to choose gendered cooperative relationship models which are respect-based and comply with principles of consent. Evaluation of young people participating in STAR found over 85% had improved their understanding of healthy relationships; sexual assault and sexual exploitation; managing risky situations; and knowing where to go for help. STAR has also enabled schools and youth initiatives to develop their in-house policies and procedures to address rape and sexual violence more effectively: thus STAR’s impact cascades well beyond the boundaries of the project itself.
#talkaboutit: talking about consent and coercion: Sweden
#talkaboutit is a grassroots collective, network, social movement and public campaign in Sweden. It connects to the prevention of rape by raising awareness, by creating public debates about the boundaries between consensual sex and rape, by highlighting the difficulties in naming and establishing those boundaries, by making visible how rape is often committed by a perpetrator known to the victim and how rape is a consequence of gender inequality. It highlights how, what may be regarded as, private issues are public and political issues and attempts to alleviate some of the stigma attached to talking about experiences of sexual violence. It shows the existence of many hidden and unreported cases of events that are legally rape, but which women and men find hard to name as rape.
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RECOMMENDATIONS
A series of recommendations are made that follow on from the review of the international literature and the case studies of best practices.
EU-level:
The EU could play a critical role in boosting prevention of rape and the provision of assistance to victims of rape. As the study shows, rape occurs in a complex environment.
Legislation in the Member States (MS) does not always meet international standards. In the context of the Istanbul Convention that aims at a harmonised approach to tackle violence against women for the better protection of all women in Europe, the Member States might avail themselves of more effective tools to prevent rape, assist victim-survivors and stop the impunity of offenders. Consequently, a comprehensive package of law and policy is recommended at the EU level.
EU legislative action. While some instances of violence against women are already targeted by EU legal action, including trafficking, sexual harassment at the workplace and child pornography, the most serious form of violence against women, rape, has not been tackled. The severity of the issue justifies a careful examination of the possibility of legislative action on the EU level. In order to facilitate judicial cooperation in cases where alleged rapists cross borders, there is a case for a directive under the authority of Article 82 of the Treaty on the Functioning of the European Union (TFEU) for a directive to establish minimum rules for the definition of rape that are consistent with international law. Since many aspects of policy to combat rape are shared with other aspects of gender- based violence against women and there are significant overlaps with other forms of violence, a comprehensive approach would be desirable on many aspects. Since violence against women is also a form of gender discrimination, EU legislative action is justified under Articles 19 and 157 of the TFEU and should aim at the establishment of institutions that coordinate and monitor policy development and implementation; create an administrative framework ensuring that the relevant personnel, including the police, are adequately trained; that courts have adequate expertise; and that resources are made available to fund specialised services to support victims-survivors. This is not only relevant to EU internal relations and Member States but also for EU external relations.
EU strategy and action Plan. Based on the priority of combating violence against women and the relevant funding under the citizenship programme 2014-2020, the respective provisions of the strategy for gender equality should be further developed and their implementation accompanied by an action plan. The action plan should tackle violence against women as a whole and rape in particular. Member States should be assisted in identifying the detailed policy measures needed to implement the strategy effectively;
and advice should be offered to EU entities engaged in external affairs. This should be subject to regular review, evaluation and improvement. An EU office and coordinator should be established to oversee the EU Action Plan, which might be similar to that established in the case of trafficking (a Coordinator with an office and budget). There should be a consultation platform that includes the women’s organisations that provide services to victims of rape as well as Women Against Violence Europe and the European Women’s Lobby (EWL). The strategy and the plan should be subject to regular review, evaluation and improvement of EU level action.
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Overview of the worldwide best practices for rape prevention and for assisting women victims of rape
Ratification of the Council of Europe Istanbul Convention on Combating Violence Against Women and Domestic Violence. EU Member States are recommended to sign and ratify the Istanbul Convention. In its external relations, the EU institutions should work towards third countries either adopting the standards of the Istanbul Convention or signing and ratifying the most appropriate regional Conventions, such as the Inter-American Convention of Belem do Para for states in the Americas.
Economic growth and social inclusion. The effects of widespread violence against women, including rape, on the economic and social situation of individual women should be recognised. Concretely, in the framework of a fully inclusive EU2020 strategy, ESF funded actions could establish better access of victim-survivors to the labour market and help to prevent (further) incidents of rape. Further, rape and other forms of violence against women are a detriment to women’s employment as a whole and reduce prospects for economic growth. Combating rape and other forms of violence against women should therefore be recognised as essential tools to realise the objectives of the EU 2020 strategy for inclusive growth. In EU external actions, the detrimental effects of violence against women should be further highlighted and, accordingly, rape prevention be acknowledged as an indispensable component of economic development.
EU structural and social funds. The above mentioned strategy should receive sufficient funds to be implemented. At the EU level, this should include access to the ESF and the citizenship programme for projects to prevent rape and assist women victims of rape, in recognition of the damaging consequences of this violence to an individual’s capacity for employment and livelihood and thereby the cost of rape to business and society.
Programmes to prevent rape and assist victims of rape contribute to the social inclusion and integration of vulnerable groups so should be funded by programmes that aim to assist social inclusion. The citizenship programme should ensure that the activities formerly deployed under the Daphne I-III programmes, for example the exchange of expertise and best practice on the wider topic of gender based violence, developed by non-governmental organisations across EU Member States, should continue.
EU humanitarian assistance to third countries. The inclusion of assistance to victims of rape should be a routine part of policies and packages of humanitarian assistance. The EU should assist in the delivery of justice in conflict zones, including through cooperation with international tribunals and courts, so that perpetrators cannot act with impunity. In addition, the EU should continue to assist in improving the gender-balance in peace negotiators and peace keepers in conflict zones, since this can reduce the extent to which conflict zones are conducive to rape.
EU research. There should be better data gathering and analysis on the extent of rape and its consequences, and the effectiveness of the various forms of intervention in diverse policy fields. This should include a programme of research funded under the EU Research Framework Programme. The Commission should initiate an EU-wide survey that has a sample size large enough to identify variations in the extent of rape in each EU Member State since the on-going pioneering FRA study on violence against women is too small to achieve this. The European Institute for Gender Equality, EIGE, should continue developing tools to assist Member States in the collection of data and its analysis, so as to ensure comparability where this is appropriate.
Framework for development of services to assist victims. The EU should assist Member States in providing assistance to victim-survivors of rape through its actions to develop and share best practice. EIGE could be called upon, with the relevant funding, to
